IN THE COURTS
HONGKONG
March 18, 1939.
CAN'T SELL DON'T TELL...have Your
IN STREETS
House-Boy Wins Case Against His ICE CREAM European Employer: $4.68 Claim
JUDGMENT IN FAVOUR of the complainant was delivered by Mr. E Himsworth at the Kowloon Magistracy to-day in a summons lodged by a houseboy named Lai Po against his former master, H. C. J. Burnett of 188 Nathan Road.
The summons alleged that Burnett, being the employer of Lai, failed to pay him $4.68, being the wages due and that Burnett discharged Lai without giving him a month's notice or a month's, wages in lieu of notice.
At the end of his judgment, Mr. Himsworth said: The second count for the recovery of $4.68 cannot be treated as the plaintiff has sought to treat it, as an additional sum over and above his month's wages. On this count, I give judgment for the defendant. I therefore order that
the sum of 56 paid into court by the defendant be paid to the plaintif and that a further sum of $20 be paid to plaintiff by the defendant. On the second count I also order a sum of 33 costs be paid to the defendant by the plaintiff.
The facts-of-the case which ap pear to be admitted by the parties are as follows: The plaintiff was engaged as house boy by the defen dan: about 10 months ago at a salary of $25 per month. The plaintiff was given one month's notice on February 1 to inke effect at the end of the month.
as to make it unsafe for the master
or
employment of such a character to retain him; or if the servant has been immoral so that he cannot safely be trusted, Inqulting; fourthly, neglect of his dudes; afth W Incompetency in the work for which he was engaged; aixthly, per- manent Incapacity caused by illness, and finally in certain cases where the conduct of the servant la incom- patible with the faithful discharge of his duty to his master.
CE-CREAM cannot be in Hongkong's
streats.
That fact was brought home forcibly to Chan Cr, a 52-year-old ·haw- ker, this morning.
Ho
was charged under the Emergency Regulations dealing with the preven tion of disease, with in selling ice-cream Kowloon City.
A $2 fine; was im posed.
ILLEGAL SOCIETY
LIES' WOMAN
IS TOLD
Assault Charge Against Czech
ARISING OUT of an alleged. ns- sault, an action claiming $1,000 an damages was brought by Miss Molly Chan, of 24 Lockhart Road, ground floor, against her former employer, Karel Weins, of Rolny's, before Mr. Justice R. E. Lindsell in the Summary Court this morning..
Northern Chinese Heavily Fined
.____. According to the statement of. claim, defendant assaulted and beat plaintiff on November 23 Jast at 12 Des Voeux Road Cen- tral, ground floor, by striking her on the mouth, loft check and terl car, bruising her lips and toosening une incisor tooth, apart from /rupturing.
her Jeft ear- drum and causing deafness in the Icit ear. The claim for damages in- cluded $100 for medical and dental expenses.
Mr. P. Wynter-Blyth, for plaintiff, suld that his client had been in the
SUSPICION INSUFFICIENT "Now the evidence shows that "During the period of pininuff none of the above grounds can pro- perty be imputed to the plaintiff employment, the defendant lost cer- The only ground for dismissal, as tain sums of money in his house in-alleged by the defendant was that he cluding a sum of $10 on February 3
strongly suspected the plaintiff of in circuntances which made him
and it!
Hearing of the case against extremely suspicious that the plaintif theft. But n. suspicion, however
strong, is not a proven fact, was responsible for the loss.
"Thereupon he discharged plaintiff is upon proved facts that the ques-threo Northern Chinese charged will be recalled that at a had been en-
Immediately and gave him $5 for tion of summary dismissal must be with having assisted in the employ of defendant, who came from vipun hearing Lai sald in evidence tiff nccepted the $5 but later returned trusted to the care of the house-boy
a month's notice it and claimed at least half a month's the ease might have been otherwise, men's Union, and being members that he received
but in this case, beyond the fact that of an unlawful society, was con- from Burnett in February and, five salary.
"When this was not forthcoming the house-boy knew where the $10 cluded before Mr. T. J. Houston days later, was discharged. Defen- dont had paid him $5 for work per-plaintiff brought the present action, was, there is nothing to connect him at the Central Magistracy this formed on the first five days of the claiming the sum of $4.03 for work with the subsequent loss.
done and one month's wages in lieu "I am therefore of the ophion that morning, when they were con-
victed, month.
meanwhile the plaintiff was entitled either to of notice, Defendant admitted the debt of $4,08 and paid to permitted to work out his month's notice or to pay the balance of wages $5 into court.
NOT EASY TO UNDERSTAND in lieu thereof. Whatever might be
"SUSPECTED OF THEFT" Burnett had said that Lui had first accepted and then refused the $5, and subsequently that sum had been paid into court. Giving his reason for discharging the compialnant, Bur- nett said: " discharged him because theft. Before I suspected him of complainant came to work for me had none of this trouble, and it has ceased since he has left."
THE JUDGMENT
The following is Mr. Ilmsworth's, full Judgment:
This case is of Interest because is one of the rare occasions on which an action of civil jurisdiction is dealt with in a Magisterial Court and also because it involves an examination of the question when servants maybe summarily dismissed without notice.
the law in my opinion is clearly on the side of the complainant.
Defendants were Wong Nga-lun, 35, Leung Kau, 60, and Chu Po-hang, 35. was furtlier charged with
to use the premises over which he
had control.
prior to the alleged assault. During that time, she had assisted defendant, obtaining loans for him. and bisa financially on several occasions by helping him with her own money.
CHANGE IN DATE Continuing, Mr. Wynter-Blyth said that the assault actually took place on November 21 and not 23
As stated in the claim, whereupon Mr. D. Mc- Callum, for the defendant, told the. tirely on what was alleged to have happened on November 23.
wing You are not trying put
an alibl or anything
Mr. McCallum: No, but 1 have made inquir.es relating to November 23. Now that the plaintiff sald the happened on November 21, 1 don't know where am.
Mr. Wynter-Blyth said that he fell convinced Mr. McCallum prejudiced in any way by the chang ing of dates, and then went on to say that on the any
question client' saw Welss in his office
to
of the sort?
"I la not casy to understand why our sympathies for the detendent, füthe knowingly allowed the society Court that he had based his case en- the plaintiff joined the two claims in this action, for he is clearly not
The second count for the recovery entitled to both. I will deat first
Mr. M. A. da Silva appeared for as the
the defence of all three defendants, with the claim for a month's wages of $4.88 cannot be treated in lieu of notice. The ocensions on plaintiff has sought to treat it, as and pleaded not guilty, Mr. B. H. an additional sum over and above Williams, Crown Counsel, prosecuted. which a servant maybe summarily dismissed without notice are sum-his month's wages. On this count 1
Defendants were arrested on the second floor of 19, Jubilee Streat, on Halsbury Vol. 22 p. 151 give judgment for the defendant. marised
assault "I therefore order that the sum of February 19 following a inid. The et seq. First, wilful disobedience to
$5 paid
court by the defendant
case for the Crown was that the the lawful and reasonable order of muster; second misconduct inconsis- be paid to the plaintiff and that Chinese Seamen's Union was de- tent with the due and faithful dis- further sum of $20 be paid to the clared an unlawful society by a charge by the
of the plaintiff by the defendant. servant
On the Government notification In 1927, duties for which he was engaged; second count 1 also order a sum of while the defence was that their servant has been ($5 costs be paid to the defendant by Union was entirely different, being thirdly, if the
an offence outside his the plaintiff.”
(Continued on Page 4.) gulity of
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the object of asking him to transfer Lo her a share when he said he had in a certain radium apparatus, in View of the inancial assistance which she had rendered to him. There was no other person at the interview, and defendant signed an agreement.
Plalatur also asked defendant to sign another document giving her a share of the pronts in his own business. He reused and a dispute arose, which
the culminated in
alleged assault.
His Lorasnip: The agreement was signed on November 23.
"ALL VERY MYSTERIOUS" Mr.
Wynter-Blyth: The agree- ment was dated Noveinber 23, but
the usuit actually took place on November 21. That was how the mistake in the writ occurred.
His Lordship: This is all very mysterious
"Mr. Wynter-Blyth-then-went-on to say that plain would also tell the Court that, apart from the financial help which she had render- niso ed to defendant, there' were wages owing to her. Defendant gave her three slaps in the mouth, check and car, as a result of which the left eardrum was ruptured and a tooth was loosened. Following the assault, plainlits employment was brought to an end.
His follow how the agreement came to be signed two days after the assault.
Mr. Wynter-Blyth: The agree ment was signed on the day of the assault, but a mistake was mude as to the date.
Lordship: I súll don't quilo
Giving evidence, plainuff said that prior to the assault she had been in ihe employ of the defendant for two years, at $50 a month. Hor duties were to look after defendant's busi- ness during his absence. Defendant had three kinds of, business, first as then an importer and exporter, Rolny's and then White House, The document relating to transfer of a share, In the radium
the
apparatus was signed on November 21, the day of the assault. After this, there was a dispute between them, when she asked him to sign another agreement giving her a share in the prolis of his business and
which he ability for the wagen
had not been paid to her. Previous to this, she had lent money to defendant on the promise that he would share the profits with her. Defendant had not paid her any wages at all.
ASKED TO RAISE LOAN
Mr. Wynter-Blyth;.-Why should you receive a share of the profits?- Because when he had no capitat. to, carry on his business ho asked mo (Continued on Pape 4.)
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